Landlord-tenant law varies by state, but typically covers the rights and obligations resulting from the landlord-tenant relationship, including the lease or rental agreement itself, termination, abandonment, eviction, renewal, rent, security deposit and improvements and repairs to the property. A lease or rental agreement contains provisions regarding the duration of the tenancy, the amount of rent, security deposits and payments required for utilities and policies regarding pets, subleases and the landlord’s entry on the property. Some lease provisions may be considered unenforceable, such as provisions absolving the landlord of any liability (hold harmless clauses) or provisions waiving certain rights of tenants. Although states may enforce oral rental or lease agreements for a limited rental period, a written agreement is preferred. Generally, a rental agreement refers to renting a property for a short period of time subject to automatic renewal, such as a month-to-month tenancy, while a lease agreement sets forth a longer rental term, such as six months or one year. A landlord has a duty to provide and maintain the rental property in a habitable condition, resulting from an express (stated in the rental or lease agreement) or implied warranty of habitability. Local building or housing ordinances regulate what constitutes a habitable property, including requirements for light, ventilation, wiring, smoke detectors and security locks and keys. A habitable property usually refers to property that is structurally safe and sanitary and includes heat, water, plumbing and electricity services. A landlord may not threaten or actually cut off or reduce services he or she agreed to provide under the rental or lease agreement in order to retaliate against the tenant.
Lease of Unfurnished Apartment Agreement made on the (date), between (Name of Lessor) of (street address, city, state, zip code), referred to herein as Lessor, and (Name of Lessee), of (street address, city, state, zip code), referred to herein as Lessee; Whereas, Lessee desires to lease Apartment No. (number) of the Building known as (name of building) located at (street address, city, state, zip code); and Whereas, Lessor desires to lease said Apartment (hereinafter called the Apartment) to Lessee pursuant to the terms and conditions of this Agreement; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: I. Lease of Premises; Rent; and Security Agreement A. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, said Apartment to be used and occupied by Lessee as a residence and for no other use or purpose whatever, for a term of (number) years beginning on (date), and ending on (date), at a rental of $___________ per month, payable monthly, in advance, during the entire term of this Lease, to Lessor at the address set forth above, or to any other place that Lessor may designate. B. On the execution of this Lease, Lessee deposited with Lessor the sum of $_______________, receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms of this Lease Agreement, to be returned to Lessee, without interest, on the full and faithful performance by Lessee of the provisions of this Lease Agreement. II. Number of Occupants Lessee agrees that the Apartment shall be occupied by no more than (number) persons, consisting of (number) adults and (number) children under the age of (number) years without the prior, express, and written consent of Lessor. III. Assignment and Subletting Without the prior, express, and written consent of Lessor, Lessee shall not assign this Lease, or sublet the Apartment or any part of the Apartment. A consent by Lessor to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. IV. Showing Apartment for Rental Lessee grants permission to Lessor to show the Apartment to new rental applicants at reasonable hours of the day, within (number) days of the expiration of the term of this Lease. V. Entry for Inspection, Repairs, and Alterations Lessor shall have the right to enter the Apartment for inspection at all reasonable hours and whenever necessary to make repairs and alterations of the Apartment or the Apartment building, or to clean the Apartment. VI. Utilities Electricity, gas, telephone service, and other utilities are not furnished as a part of this Lease. These expenses are the responsibility of and shall be obtained at the expense of Lessee. Charges for water and garbage service furnished to the Apartment are included as a part of this Lease and the expense shall be borne by Lessor. VII. Repairs, Redecoration, or Alterations Lessor shall be responsible for repairs to the interior and exterior of the Apartment, provided, however, that repairs required through damage caused by Lessee shall be charged to Lessee as additional rent. It is agreed that Lessee will not make or permit to be made any alterations, additions, improvements, or changes in the Leased Apartment without in each case first obtaining the written consent of Lessor. A consent to a particular alteration, addition, improvement, or change shall not be deemed a consent to or a waiver of restrictions against alterations, additions, improvements, or changes for the future. All alterations, changes, and improvements built, constructed, or placed in the Apartment by Lessee, with the exception of fixtures removable without damage to the Apartment and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain in the Leased Apartment at the expiration or earlier termination of this Lease. VIII. Animals Lessee shall keep no domestic or other animals in or about the Apartment or on the Apartment premises without the prior, express, and written consent of Lessor. IX. Waste, Nuisance, or Unlawful Use Lessee agrees that he will not commit waste on the Apartment premises, or maintain or permit to be maintained a nuisance on the Apartment premises, or use or permit the Apartment premises to be used in an unlawful manner. X. Lessee’s Holding Over The parties agree that any holding over by Lessee under this Lease, without Lessor's written consent, shall be a tenancy at will which may be terminated by Lessor on (number) days' notice in writing. XI. Parking Space Lessee is granted a license to use parking space No. (number) at Building for the purpose of parking one motor vehicle during the term of this Lease. XII. Option to Renew Lessee is granted the option of renewing this Lease for an additional term of one year on the same terms
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